Divisional Court Confirms Duty to Accommodate in Condominium Pet Disputes    

The Ontario Divisional Court in Waterloo North Condominium Corporation No. 37 v. Baha provides essential guidance for condominium boards handling disability accommodation requests.

The dispute arose over a “one-dog” rule. Ms. Baha and her partner, Mr. Murphy, lived with two service dogs. The condominium board insisted that only one dog was allowed and demanded removal of the second dog. Mr. Murphy provided medical letters confirming his need for the dog due to anxiety. Despite this, the board challenged the evidence and took action through the Condominium Authority Tribunal (CAT).

The Tribunal dismissed the condominium’s application. It found that the board acted unfairly and violated the Human Rights Code by refusing accommodation. The Tribunal also ordered $15,000 in damages for the condominium corporation’s treatment of the residents (which caused them to move out of the unit). The condominium corporation appealed.

The Divisional Court upheld the Tribunal’s decision. It confirmed that when a resident provides reasonable and sufficient medical proof of the need for a particular animal, the board must accommodate without questioning the diagnosis. Intrusive questions or demands for extra medical details cross the line into discrimination. The Court also backed the Tribunal’s right to award damages for harm caused.

The Divisional Court emphasized that accommodation requests are not private interests but legal rights. The court also highlighted that the goal of the Human Rights Code is to ensure that people with disabilities can live independently and with dignity. This duty applies as much to a condominium corporation as it does to employers or service providers. A rule that is applied without consideration of these rights risks being discriminatory. Condominium corporations must balance rule enforcement with human rights obligations.

This decision indicates that human rights obligations take precedence over condominium rules. It also confirms that the Condominium Authority Tribunal has the power to order damages where discriminatory treatment occurs. Condominium corporations should treat this ruling as a call to review their procedures and training. When a request for accommodation arises, boards should approach the matter with flexibility, empathy, and a willingness to find fair solutions.

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